Tahqiq, Takhrij, Sharh

Muhadith Zubair Ali Zai

Translated Abu Ubaydah

Translated, Checked & Additional Notes

Abu Hibban & Abu Khuzaimah Ansaari

The Punishment of an Unmarried Slave Girl Who Commits Zina

[55] And from the same chain of narration from Abu Hurayra and Zayd ibn Khalid al-Juhani (Radi Allahu Anhu) that the Messenger of Allah (Sallalahu Alayhi Was-Sallam) was asked about a slave-girl who committed fornication and was not muhsana (married). He said, “If she commits fornication, then flog her. If she commits fornication again, then flog her, and if she commits fornication again, then sell her, if only for a rope (Dhafir).”

Malik said: Ibn Shihab added (said), “I don’t know whether it was three or four times. And adh-Dhafir is the rope.”

Transmitted by Bukhari (no.2153, no.2154) from the hadith of Malik and narrated by Muslim (33/1704) from the hadith of az-Zuhri.

[UNDERSTANDING FROM THE HADITH]

1) The Had punishment will be given to the slave girl who commits Zina whether she is muhsana (married) or not muhsana (unmarried) however in actuality the punishment of stoning to death will not be applied on the slaves (maidservants) rather they will be lashed 50 times. Umar (Radi Allahu Anhu) gave 50 lashes to slaves who committed Zina. (Muwatta Imam Malik (2/827) hadith (no.1608) and its chain is authentic)

2) There is an ijma that the slave girl who commits Zina will be given half the punishment compared to the free lady who commits Zina meaning she will be given 50 lashes. At-Tamhid (9/98)

3) Some scholars take the meaning of ihsan to mean islam. At-Tamhid (9/102) Ibn Abas (Radi Allahu Anhu) said, “Then when ahsan (carry out the marriage rights, get married)…then you have married….” (Musanaf Ibn Abi Shaybah (4/394) hadith (no.17574) and its chain is authentic, hathim has done anana from husain connected with hearing and he clarified hearing this hadith in the tafsir of Ibn Jarir (5/16)) Therefore the most correct meaning of muhsana here is a married person.